Neutral Citation No. - 2025:AHC-LKO:47461-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 7371 of 2025 Petitioner :- Durgesh Kumar Respondent :- State Of U.P. Thru. Addl. Chief Secy./Prin. Secy. Home Lko. And 3 Others Counsel for Petitioner :- Rohit Kumar Verma Counsel for Respondent :- G.A. Hon'ble Rajesh Singh Chauhan,J. Hon'ble Syed Qamar Hasan Rizvi,J. 1. Heard learned counsel for the petitioner, learned A.G.A. for the State-respondents and perused the material placed on record. 2. In view of the proposed order being passed, notice to respondents No. 4 is hereby dispensed with. 3. This writ petition has been filed with the following main prayers:- "(i) To issue a writ, order or direction in the nature of CERTIORARI to quash the F.I.R. dated 13.07.2025 in Case Crime No.0212/2025 lodged on 13.07.2025 at Police Station- Rupaidiha, District- Bahraich, under Section- 137(2) of B.N.S. 2023. (ii) To issue a writ, order or direction in the nature of MANDAMUS commanding the opposite party no.3 not to arrest the petitioners in pursuance of the F.I.R. dated 13.07.2025 in Case Crime No.0212/2025 lodged on 13.07.2025 at Police Station- Rupaidiha, District- Bahraich, under Section- 137(2) of B.N.S. 2023. (iii) Issue a writ, order or direction in the nature of MANDAMUS commanding the opposite party no.3 to give the benefit of Section 41-A Cr.P.C./Section 35(3) of B.N.S.S., 2023 to the petitioner." 4. Learned counsel for the petitioner has submitted that the offences as alleged in FIR have maximum punishment for the term having less than seven years imprisonment, whereas, the police is trying to arrest him, which is against the mandates of Bhartiya Nagrik Suraksha Sanhita. 5. Learned Additional Government Advocate appearing for State-respondents has given a statement on behalf of investigating agency that because the offences allegedly committed by the petitioner entail sentence of less than seven years, the provisions of Section 35(3) Bhartiya Nagrik Suraksha Sanhita, 2023 are to be strictly followed in terms of judgments rendered by the Hon'ble Supreme Court in re; Arnesh Kumar vs. State of Bihar and another, (2014) 8 SCC 273, and Satender Kumar Antil vs. CBI and another, Special Leave to Appeal (Criminal) No. 5191 of 2021 : (2022) 10 SCC 51. 6. 6. Considering the settled law on the subject and the aforesaid stand of the investigating agency, learned counsel for the petitioner states that this petition be disposed of in view of the above-stated facts. 7. Accordingly, this petition is disposed of in view of the provisions of Section 35(3) Bhartiya Nagrik Suraksha Sanhita, 2023, and the law as laid down by Apex Court in the cases of Arnesh Kumar (supra) and Satender Kumar Antil (supra). 8. However, the petitioner is directed to appear before the Investigating Officer of the concerned police station on 19.08.2025 at 11.00 a.m. to cooperate in the investigation. Thereafter, he shall continue to co-operate in the investigation till its completion or filing of police report, failing which, the interim protection granted in this order may be withdrawn on an appropriate application filed by the prosecution or by the complainant. Order Date :- 12.8.2025 Abhishek Gupta/Manoj (Syed Qamar Hasan Rizvi,J.) (Rajesh Singh Chauhan,J.) Digitally signed by :- ABHISHEK GUPTA High Court of Judicature at Allahabad, Lucknow Bench